Did he make out POA when he was well? If so, that POA remains intact. Is there something that you need to do as regards property or other issues that the POA currently cannot do? If everything is all set up for your father through a valid and well written POA I cannot imagine a reason for a guardianship. What reasons do YOU imagine?
Yes, I am in Oregon too. Dad had quit making proper decisions for himself back in 2018. APS ended up getting involved and told me I had to get guardianship, which I did. His POA had been taken out many years earlier and only one of his banks would honor it so the guardianship/conservatorship fixed that.
Babs75, I'm not in OR, but am curious about this state requirement of needing both PoA and guardianship to act on the behalf of an LO... Was the process of guardianship arduous and expensive? What was involved? Did an elder law attorney inform you of this?
It depends on the state and the actual POA language. In the State of Oregon which is a full physical autonomy state, our POA was ruled financial only and a guardianship was mandatory for us to get our LO INTO and be able to make her STAY in memory care. Contact an elder care attorney for the best options in your situation. We have to provide both the guardianship and POA paperwork now to be covered in various situations and they work in tandem. An attorney should be able to advise you.
Don't quote me on this; your best bet is always to consult a lawyer in your state.
I am a guardian, though. I *believe* POA is enough, if you already have it. You shouldn't have to become a guardian on top of that. And I wouldn't, unless you absolutely have to. The rules for guardianship are so much more restrictive. My understanding is that guardianship is a last resort for cases in which POA was not obtained before the senior was diagnosed with a form of dementia (because once that happens, the senior isn't allowed to sign off on anything).
But perhaps your state has different rules. It's possible.
One thing to note is that a lot of people misunderstand the differences between POA and guardianship. You will meet people who try to tell you something that's totally wrong (including people on the internet). But especially healthcare workers. Even government employees. I've had government employees (SSA, DMV) try to tell me that my guardianship doesn't count for anything and I need to get POA (in reality, guardianship very much trumps POA). A lot of people get the facts about guardianship wrong, so if a memory care administrator is telling you something that sounds really wrong, it very well could be. Get the facts from a lawyer in your state, and then have the lawyer set the person straight.
If a sibling is saying that one of you needs to get guardianship, please be sure that this is true before you set anything in motion. It's a lengthy court process (weeks to months), it can cost thousands in legal fees (my family is into 5 figures now), and it comes with more responsibilities and more hoops to jump through.
If so, that POA remains intact.
Is there something that you need to do as regards property or other issues that the POA currently cannot do?
If everything is all set up for your father through a valid and well written POA I cannot imagine a reason for a guardianship.
What reasons do YOU imagine?
I am a guardian, though. I *believe* POA is enough, if you already have it. You shouldn't have to become a guardian on top of that. And I wouldn't, unless you absolutely have to. The rules for guardianship are so much more restrictive. My understanding is that guardianship is a last resort for cases in which POA was not obtained before the senior was diagnosed with a form of dementia (because once that happens, the senior isn't allowed to sign off on anything).
But perhaps your state has different rules. It's possible.
One thing to note is that a lot of people misunderstand the differences between POA and guardianship. You will meet people who try to tell you something that's totally wrong (including people on the internet). But especially healthcare workers. Even government employees. I've had government employees (SSA, DMV) try to tell me that my guardianship doesn't count for anything and I need to get POA (in reality, guardianship very much trumps POA). A lot of people get the facts about guardianship wrong, so if a memory care administrator is telling you something that sounds really wrong, it very well could be. Get the facts from a lawyer in your state, and then have the lawyer set the person straight.
If a sibling is saying that one of you needs to get guardianship, please be sure that this is true before you set anything in motion. It's a lengthy court process (weeks to months), it can cost thousands in legal fees (my family is into 5 figures now), and it comes with more responsibilities and more hoops to jump through.